Historical sketches of North Carolina : from 1584 to 1851, Vol. I, Part 58

Author: Wheeler, John H. (John Hill), 1806-1882
Publication date: 1851
Publisher: Philadelphia, Pa. : Lippincott, Grambo and Co.
Number of Pages: 662

USA > North Carolina > Historical sketches of North Carolina : from 1584 to 1851, Vol. I > Part 58

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· And as the inhabitants of Rowan could get no indictments preferred against their officers in Salisbury District, they had sent to us, and J- H-r went to their assistance, and, by the letter following, you may form some idea how matters were carried on, viz. :-

SALISBURY, September 14th, 1769. . To Mr. Husband, Representative for Orange County.

SIR : Agreeable to the resolutions of a committee, held at Joshua T -- 's. last month, about six or seven of us attended Salisbury General Court to 30

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indict our officers, when, to our astonishment, we found the grand-jury to be composed of our inveterate enemies, and of such as had been our greatest oppressors. No less than five of them were old sheriffs. In fine, there were but two or three but what were limbs of the law .. However, we were resolved to try what justice could be obtained, as we have been so often referred thereto by the Governor and others of the first rank in the Province, who had so repeatedly urged us to legal steps, assuring us we should everywhere obtain the highest justice ; and one had told us he always would be there and see that we had justice. So, relying on these promises, and being conscious the laws was against them who had so repeatedly broke them ; besides, the cries of the people was so great, and oppressions so many, that we durst hardly return home before trial made. We applied to Mr. H -- r, deputy under Attorney-General; he appeared well pleased with our design, and assured us he would do all in his power to serve us.

A bill was preferred against F-k* for extortion, in taking eight pounds five shillings of the Widow C-", for the cost of an indictment against her. And the bill found ignoramus, it was proved by the oath of J-h.H-n, . that he paid the money to the Sub-Sheriff for the use of the said F-k; and, proved by the oath of J- D-,", a lawyer, that he got the receipt of the widow some time ago, in order to procure redress for her ; but that he had lost it ; but that it was for eight pounds five shillings. And A -- m C-n proved that F-k asked him, when he was making out the bill against the widow, what circumstances she was in ; he said in very good, and had money by her. If that be the case, says F-k, I must double the bill.

However, the bill was found ignoramus, &c.

This letter was longer. After giving an account of several more trials, . and all found ignoramus, they were informed by one of the magistrates, which was confirmed by an Assembly-man, that the jury was not the same men which was appointed by authority.

This letter was read before our Assembly, and is in the Clerk's Office there.

Another petition went from Hillsborough Court, which, after reciting over how much the Governor and authority had recommended us to the law, comes to the matter in hand thus, viz. :-

- So that to the law we must go to find redress. Accordingly to law we went, and the present design of this paper is, in as brief a manner as possible, to lay before you our proceedings and success therein.

Before the first court happened, troops were raising in all quarters, as was said, to guard the court. The effect of these troops was that every man coming into court was examined what business he had. And every one who dared to own that it was to complain of officers, was ill used by the guards and soldiery, and scared away home ; but some few who would not be scared away, was ordered out of town by the commanding officers at a few minutes' warning. None could stay but prisoners, and them denied of attorneys, unless they would give bonds for fifty and to three hundred pounds to each attorney.

But notwithstanding all which, by the industry of one of the prisoners, some was encouraged to come back, and three or four actions against an officer was tried, and the officer convicted, who was fined one penny, &c. ,

· During the time to the next court, all other officers, except this one, con- tinued to take the same extortionary fees as before; and no troops being raised against us, at the next court people flocked in to make informations. But besides the difficulty of attending courts from thirty to sixty miles, and the officers threatening to sue for malicious prosecutions, and take all other advantages of the law. Besides all this, the Attorney-General did not attend the two or three first days of court, so that most of the people had gone home.

Some informations, however, was made after he came, and a few of them tried, in which the officers was all convicted, except in one instance, and im-

* Frohock.

ORANGE COUNTY. 329

mediately that one prosecutor was sued. Minutes of some of those trials were took down in writing, in which are matters so curious, that we suppose instances of that kind are not to be found elsewhere.

Among other things, that the jury was picked, and calculated of such weak and low capacities, that when they had agreed on a verdict, and mixed among men before they gave it in, by hearing others' sentiments they disagreed to it when given in. And this was reported so often, with such marks of in- capacity mixed with honest principles, that the consequence was such con- fusion and contradiction that the jury was discharged at the bar after a verdict agreed to and then disagreed ; and other confessions that two of the jury overruled the rest, and the action was continued to the next court, and this court adjourned.

We found, afterwards, these two men of the jury that overruled were much prejudiced in favor of the officers. This discovery put us on examining how the juries were appointed, and finding that to be the province of the Justices of the Inferior Court, we made some complaints of the usage of our justices. But hearing of the proceedings at Salisbury before our general court came on, we chiefly prepared ourselves for observations, and the first we had to make was that the Chief-Justice and Attorney-General, in whom only we had much confidence, that neither of them was at this court.

2d. We observed the Deputy-Attorney and both Associate-Judges lodged with him whom we looked on as our chief enemy and cause of our oppressions, so that men of common modesty was deterred from applying to him.

3d. We observed the petty-jury was not picked this court, but the grand- jury was to all intents. ",

" 4th. We observed no petty-jury causes were tried this court against officers, so that poor men who had attended all last court and most of this (before it was known) and thirty or forty miles from home, must attend a third court.

Some, who had more boldness than others, applied to Deputy -, and made information against the Clerk of the Inferior Court for taking three pounds four shillings and sixpence for his own fee on a common attachment. He told them he must have the informations in writing. They found a clerk, and carries it in writing. Then it wanted a date or name, and then some- thing else, till, at length, they got one almost right; but had gone from office to office so often that one of the clerks d-d them for a pack of sons of b-s, and denied serving them.

Deputy-Attorney came also out of his fortification into the street and com- plained he had been so much harassed that he was almost sick.

The bill against the clerk, and some more, being at length preferred, was all ignoramus.

Next day, Deputy told W- B-r he would hear no more of us, and, as W- B- - r made complaint of this to the Court, Deputy said it was a lie, and that he only refused him on his ill behavior, and said he was an ill person, running about taking other people's business to do. But in this he was mistaken, for Butler's business was his own; though some of the other, according to the Governor's directions, was willing to make informations in behalf of the injured. Some made informations to single justices for petty fines, the consequence of which was, judgment went against the defendant for the fine and against the plaintiff for the cost, and the justice, with a loud voice, berating him for a mean pitiful informer.

Others applied to attorneys to bring suit on the the penal laws, when they not only found, by a late law, that the clerks of courts were hedged in from the force of the penal laws by ordering suit to be brought against them by a motion to court, and the justices to fine them at discretion, if it appeared they had wilfully extorted, &c. By all which we could understand the prosecutor, as matters now stand, would get his labor for his pains, and the clerks clear of any cost, &c.

This letter, which contained much more, was also read before the Assembly in October, 1769, and is in the clerk's office there.

We draw now near to an end, for our Assembly was dissolved before they . could do any business of consequence, so that all things were left in confu-

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sion and disorder. We had thirty odd new members this session, and we hope a few more of the old ones will be left out against another.

* * *

[Here followed the outlines of a speech (or plea), doubtless of Husbands, made in the House last session, in favor of pre-emption rights of settlers on Lord Granville's lands, and two sermons, ("being from a pamphlet of a name- less author,") one from Genesis, xlix. 14, "Issachar is a strong ass, couching down between two burdens ;" the other from Numbers, xxii. 21, "And Balaam rose up in the morning and saddled his ass, and went with the Princes of Moab," in which the troubles of the times, and the injustice of the rulers, are strongly depicted much in the style of John Bunyan, and the spirit of the people roused to resistance.]

P. S. There is one thing more that I think necessary to inform the public of, which is this. When we were so discouraged and attacked by our offi- cers, Scotch merchants, and Balaams, as you may see before, and at the meeting of 21st of May, No. VII; we at that meeting came to a resolution, that if the Governor was against us, and we could get no redress no way, we would, rather than rise in riots, agree not to go to law at all, but leave our differences to arbitrations ; and, accordingly, we had a subscription paper for that purpose. But when it was read, our opposers seemed to resent it as more criminal than all we ever had done before. Howel, who, waited on the . Governor at Brunswick, had this paper with him; and as he was complain- ing of the court, &c., the Governor says to him, "Why does the people go to law one with another? If they get so little justice at the law, can't they leave their differences to arbitration ?"

Howel replies, "We intend to do so, and have a paper drawn up for that purpose ; which, if your excellency pleases, you may peruse, and give it your approbation.". The Governor read it, and got in as great a passion with it as our officers did, and ordered Howel to burn it, which I suppose he did ; for it was never seen among us since. But at our last sitting in assembly, we having sent a bill to the upper house for a single justice to try five pounds, and a bill laying greater penalties on lawyers for extortion, and for better explaining the former law in that case. But as the bills were detained, the same expedient presented itself to the members, and a large number out of the house concluded to enter into such a resolution, to recommend it to their constituents not to trouble the law at all, and so starve out our adversaries, similar to the general resolutions of non-importation of British goods. But many being taken sick, and the Governor dissolving them, every one being , in a hurry home, I suppose it was forgot.

I being informed that the very same thing was on foot in several counties in Maryland, and on my relation of these motions with us, the Marylanders begged me to push that motion, for that if ever it took place in one province it would take immediately in all. For, that the oppression we sustain by the lawyers' combinations and usurpations over the law, and engrossing the whole business of the courts into their own power, is one of the greater evils we labor under, and are in danger of; therefore I have accordingly added this to remind our members and their constituents to give them in charge, not to forget this another time.

The reader may easily observe the foregoing piece to be an un- finished work, not only because the scene is not ended, but, even so far as we have gone, it is like a rich lady stripped of her rich attire and ornaments, and reduced to the habit of a slave; or like a confused handful of rich ker- nels, picked out of the shells. The occasion of which was the necessity we were in to pick out only the most material parts of what would have afforded a much larger and necessary piece, and that not only to save the expense, but, in reality, because we were pinched for time and opportunity. So that we expect this affair will not end without further particulars worthy of no- tice ; which, perhaps, will be hereafter published with a second edition of this, with an addition of its ornaments and attire. "

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ORANGE COUNTY.

To fill up this last half sheet, we will add so much of a piece that our Governor sent to our last Assembly as we can insert in it; which will show that our jealousies of the bad application of the public money were well- grounded ; the piece is as follows, viz .:-

NORTH CAROLINA, NEWBERN, October 31, 1769.

The fact is too well known to admit of a denial, that in a long course of years past, great sums of the public money have been lost by the negligence or insolvency of sheriffs and other collectors, with their sureties.

And it is presumed, that in the same course of time, considerable sums have sunk, after they were lodged in the public treasury, whereof no account has hitherto been made.

A law of this province lately passed will, if executed with vigor, probably in a great measure prevent, for the time to come, the first of these mischiefs, and a law to prevent the latter might be of great public utility ; for mankind never part with their money, either for private or public benefit, so readily, as when assured that it must be honestly applied for the purposes intended.

A constant, regular, plain, and uniform method of keeping the books of accounts of the public revenue, and of stating and settling these accounts, 'may prevent such abuses, and make it extremely difficult, if not impracticable, tó embezzle the public money. 9

... The above pages of Husbands' book, give, in minute detail, and in the simplicity of truth, an impartial relation of the rise and causes of this public commotion.

These troubles ended in violence and blood. The reader is referred to the chapter on " Alamance," for the conclusion of this matter, and an official account of the battle of Alamance, fought 16th May, 1771.

This is the only perfect copy of Husbands' book extant; I found it in the Library of Philadelphia, and for its use I am indebted to the courtesy of Lloyd P. Smith, the intelligent and urbane libra- rian of the company. .

Colonel EDMUND FANNING, who was the chief cause of these troubles, and a distinguished Tory afterwards, was a native of New York. He was talent- ed and well educated. "He was graduated in 1757, at Yale College, with dis- tinction, and in after years the degree of LL. D. was conferred upon him by that renowned institution. He held the rank of Colonel in the British army. He was member of the Legislature for many years, under the Colonial go- vernment, and Register of the County.

It was his extortions, more than those of any other person, that caused the rising of the people of Orange." In their fury, they did not respect the per- ·son or property of Fanning; for they whipped him' severely, and destroyed his house, which stood near where the Masonic Hall now stands, in Hillsboro'.

Gov. Martin presented his losses to the Assembly; but that body refused even to consider the petition; and rebuked the Governor for thus trifling with the house.

He followed Governor Tryon to New York. In 1777 he raised a corps of Tories, and called them " the King's American Regiment."

1779 his property was confiscated in this State.

In 1782 he was Surveyor-General of New York, but was soon forced to Nova Scotia, and on Sept. 23d, 1783, was sworn in as Councillor and Lieutenant of that Province.

In 1786 he was appointed Governor of Prince Edward Island, which he held for nineteen years, and a General in the British army. The distinguished lawyer, John Wickham, of Richmond, was his nephew.

Ile married in Nova Scotia a lady of fine personal appearance, who still survives him. He died in 1818 in London, leaving a son, Frederick Augus-

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tus (who became a Captain in the British Army and died without issue), and three daughters, two of whom married to gentlemen of rank in England. One is Lady Wood, a widow; the other the wife of Captain Bentwick Cumberland, of the British army, nephew of Lord Bentwick.

Under the advice of his uncle, Mr. Wickham, when quite young, had ac- cepted a commission in the Royal army. This gave a blow to his popularity in "the Old Dominion" which neither the force of his talents, his extraordi- nary eloquence, or profound learning was able to resist. Although distin- guished as a lawyer, Mr. Wickham never enjoyed any popular favor from the people of Virginia.

Lieutenant Nathaniel Fanning, late of the U. S. Navy, who commanded several privateers in the war of 1812, and the author of Fanning's Memoirs, and Captain Edmund Fanning, who projected the South Sea Exploring Expe- dition by Captain Wilkes, were residents of New York, natives of Connecti- cut, and nephews of Edmund Fanning. The late Col. Alex. Fanning, of the U. S. Artillery, was also his nephew .*

The remark in a recent publication that Colonel Fanning suffered "the loss of his ears," from the Regulators, is an error .¡ As also the statement relative to him in another production, that he married the daughter of Gover- nor Tryon. Upon what authority these statements are made, is not stated. The violence of the Regulators towards Fanning was doubtless extreme, but that his ears were taken off is not only violence to the integrity of history, but a reflection upon the people of Orange. It is not for a moment to be supposed that after such a disgraceful mutilation, Fanning would have been elevated to the command of a Brigade in the English Army, or honored for a long series of years as Governor of so important a dependency to the British Crown as Prince Edward's Island. The connections of General Fanning, however erroneous his ideas may have been, or however culpable his conduct towards the colonists, are still among us. This statement that he bore on his person so humiliating a mark of disgrace, is not only painful to their feelings, but. incorrect, in point of fact.

THOMAS BURKE, Governor of the State, member of Congress, distinguished lawyer, and able statesman, lived and died in Orange County. No public functionary was ever employed by the State in more troubled times, none more active or talented, and none suffered more; none is less known to pos- terity. He was a native of Ireland; of most finished education, and by pro- fession a physician. He emigrated long before the Revolution to America, and settled at Norfolk, Va., where he practiced his profession. A deep cloud hangs over his early history; the mystery of his leaving his native land has never been penetrated. He removed about 1774 to Hillsboro'.

He abandoned the profession of medicine and studied law, which he prac- ticed with great success in Virginia. One of his compeers was Thomas Jef- ferson. Letters are extant from Mr. Jefferson to him.

In 1775 with Thomas Hart he represented Orange in the Convention at Newbern (4th April).

At the meeting in Hillsboro', August 21st, 1775, he represented Orange with JOHN KINCHEN, THOMAS HART, JOHN ATKINSON, and JOHN WILLIAMS, and FRANCIS NASH, WM. ARMSTRONG, and NATHANIEL ROCHESTER, ¿ from the town of Hillsboro'.

To the Provincial Congress at Halifax, on 4th of April, 1776, THOS. BURKE, JOHN KINCHEN, JAMES SAUNDERS, JOHN BUTLER, NATHANIEL ROCHESTER ; and from the town of Hillsboro', WILLIAM JOHNSTON were delegates.

The seats of the delegates in the Congress at Halifax, in Nov. 1776, which formed the Constitution, being vacated for irregularity, the journals show, that on the 16th December, 1776, THOMAS BURKE, NATHANIEL ROCHESTER,

* Watson's Annals of Philadelphia, ii. 341.

'+ "Traditions and Reminiscences of the American Revolution in the South," by Joseph Johnson, M. D., page 573.

į Sabine's History of the Loyalists.

§ After this person the town of Rochester, in New York, was called.

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ORANGE COUNTY.

ALEXANDER MEBANE, JOHN BUTLER, and JOHN MCCABE, were duly returned, and took their seats.

He took a distinguished part in the formation of the Constitution, and on 20th Dec. 1776, he was appointed (with WILLIAM HOOPER and JOSEPH HEWES) delegate to the Continental Congress at Philadelphia. They were allowed two thousand dollars a year, paid by the State Treasurer. He continued to . serve at Halifax until this body adjourned, 23d December, 1776. This body sat on Sundays: "There are no Sabbaths in Revolutions."

He attended the Congress at Philadelphia, and continued his service until July, 1781, when, by acclamation, he was chosen Governor of the State by the General Assembly. . While at Hillsboro' in the actual discharge of his important duties, at a time of eminent responsibility, he was seized in his house at night, by that notorious marauder and ferocious bandit, David Fannin (for a sketch of whose exploits and character see Chatham County), on 13th September, 1781, and carried prisoner to Wilmington, then in possession of the British under Major Craig (afterwards Sir James Craig, Governor-General of Canada): At the same time, JOHN HUSKE,* of Fayetteville, who was private secretary to Governor Burke, and JAMES READ his aide-de-camp, and others, were taken by Fannin, and carried to Wilmington.

He was sent a prisoner to Charleston and there confined, on St. James'. Island. General Butler endeavored to intercept these kidnappers, and over- . took them at Linsly's Mills, on Cane Creek; here a sharp conflict ensued, in which Fannin was severely wounded. But he made good his retreat with his booty. ALEXANDER MARTIN, who was Speaker of the Senate, exercised, during the captivity of Governor Burke, the executive functions of the Go- vernment.

Governor Burke escaped. In April, 1782, he resumed the reins of Govern- ment at Salem.

In December, 1782, he was defeated for Governor by Alexander Martin. The circumstances under which Governor Burke regained his liberty; and other causes, prevented his re-election. This doubtless threw a gloom over his spirits. He died the next year (1783), at Hillsboro', leaving a wife and one daughter, Miss Mary M. Burke, who now resides in Greene County, Alabama.

Duncan is in his grave ! After life's fitful fever, he sleeps well !" 4

ALEXANDER MEBANE was a native resident and representative of Orange in the Legislature and in Congress. He was of Irish descent, and born in Haw- fields, 26th November, 1767.

In 1776 he was with Governor Burke and others, a member of the Con- vention that met at Halifax to form the Constitution.

In 1783 he was a member of the House of Commons, and repeatedly afterwards.

In 1793 he was elected a member of Congress, and attended at Philadel- phia, where he married a Miss Claypole. Ile died soon afterwards, 5th July, 1795, leaving, by a former marriage, several sons, among whom are William Mebane, Esq., of Mason Hall, and James Mebane, Esq., now of Caswell, who often represented Orange in the General Assembly, and who was Speaker in 1821; the father of Giles Mebane,'Esq.

Alexander Mebane was distinguished for his sound practical sense, his unblemished integrity, and unflinching firmness.

GENERAL FRANCIS NASHI was a resident of Orange County, Clerk of the County Court, and representative in the Assembly. He was the brother of Governor Abner Nash, and uncle to HIon. Frederick Nash, now of the Su- preme Court.

He was Clerk of Orange Superior Court under the Royal Governor.

* Father of Rev. Mr. Huske, now Rector at Morganton.

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On 22d April, 1776, he was appointed Colonel of the 1st Regiment of North Carolina troops; and subsequently promoted to be Brigadier-General. He was ordered to join General Washington at the North, and commanded a Brigade at the battle of Germantown (on 4th October, 1777), when from a desperate wound he received from a cannon ball, his life was offered up on the altar of his country's liberty.

His thigh was shattered by a cannon ball, and the same shot killed his . horse and his aid, Major Witherspoon, son of Rev. Dr. Witherspoon, Presi- dent of Nassau Hall.

Mr. De Haven assisted in carrying General Nash to his brother's house, where he died. He suffered much; the bleeding of his wound was so pro- fuse that two feather beds on which he lay were saturated with blood .*

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Historical sketches of North Carolina : from 1584 to 1851, Vol. I, Part 58

Author: Wheeler, John H. (John Hill), 1806-1882 Publication date: 1851 Publisher: Philadelphia, Pa. : Lippincott, Grambo and Co. Number of Pages: 662

Author: Wheeler, John H. (John Hill), 1806-1882
Publication date: 1851
Publisher: Philadelphia, Pa. : Lippincott, Grambo and Co.
Number of Pages: 662